# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 2069 V

UNPUBLISH ED

LORI ROULETTE

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: May 9, 2022

Special Processing Unit (SPU) ;

Rul ing on Entitlement ; Concession;

Table Injury; Influenza (Flu );

Shoulder Injury Related to Vaccine

Administration (SIRVA).

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA , for Petitioner.

Terrence Kevin Mangan, Jr.

, U.S. Department of Justice, Washington, DC, for

R espondent.

RULING ON ENTITLEMENT 1

On December 30, 2020

, Lori Roulette filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 (the

“Vaccine Act”). Petitioner alleged that she suffered a shoulder injury related to vaccine

administration (“SIRVA”) as a result of the influenza (“flu”) vaccine administered on

October 23 , 2019. Petition at 1. The case was assigned to the Special Processing Unit of

the Offi ce of Special Masters.

On May 6 , 2022, R espondent filed a combined Rule 4(c) Report and Proffer in

which he concedes that Petitioner is entitled to compensation in this case

. Rule 4(c)

Report and Proffer

. Specifically, Petitione r had no apparent history of pain, inflammation,

1 Because this unpublished opinion contains a reasoned explanation for the action in this case, I am

required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic

Government Services). This means the opinion will be available to anyone with access to the internet.

In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or

other information, the disclosure of wh ich would constitute an unwarranted invasion of privacy. If, upon

review, I agree that the identified material fits within this definition, I will redact such material from public

access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §

300aa (2012 ).2

or dysfunction of the affected shoulder prior to intramuscul ar vaccine administr ation that

would explain the alleged signs, symptoms, examination findings, and/or diagnos tic

st udies occurring after vaccine administration ; she more likely than not suffered the onset

of pain within 48 hours o f vaccin e a dministr ation; her pain and reduced range of motion

were limited to the shoulder in which the intramuscular vaccine was adminis tered; and

there is no other condition or abnormality present that would explain Petitioner ’ s

symptoms

. Id. at 4

. Respondent further agrees that Petitioner has satisfied the Act’s other

statutory and jurisdictional requirements

. Id

. at 4

- 5.

In view of R espondent’s position and the evidence of record, I find that

Petitioner is entitle d to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master